اجراي تعهدات بين المللي در نظام قضايي ايران: محدوديت ها و ظرفيت ها

Implementation of International Obligations under the Judiciary System of Iran: Limitations and Potentialities

International law is an independent legal system which its norms must be implemented by a judge beside domestic laws. Expansion of the international law led to the explanation of the issues governed by international rules. Article 9 of Iranʹs Civil Code considers obligations created by sources of international law as equal to that of domestic law, and thus judges are obliged to apply them in their court. Iranian judges, therefore, must identify an appropriate applicable norm (be it domestic or international) and issue their verdict accordingly. In addition to the treaty obligations, the Civil Code of Iran enables a judge to apply obligations created by other international sources. Article 8 of the Civil Code in conformity with Article 9 enables an Iranian judge to play a judicial international role in penal cases without the need to refer to a particular domestic law, provided they observe the legality rule.